A judicial appointee having a reasonable belief that the performance of an attorney, a judge, or another judicial appointee is impaired by drugs or alcohol or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to an attorney or judicial assistance program.

[1] “Appropriate action” means action intended and reasonably likely to help the judge, judicial appointee, or attorney in question to address the problem and prevent harm to the justice system. Depending upon the circumstances, appropriate action may include speaking directly to the impaired individual, notifying an individual with supervisory responsibility over the impaired individual, or making a referral to an assistance program.

[2] Taking or initiating corrective action by way of referral to an assistance program may satisfy a judicial appointee's responsibility under this Rule. Assistance programs have many approaches for offering help to impaired judges and attorneys, such as intervention, counseling, or referral to appropriate health care professionals. Depending upon the gravity of the conduct that has come to the judicial appointee's attention, however, the judicial appointee may be required to take other action, such as reporting the impaired judge, judicial appointee, or attorney to the appropriate authority, agency, or body. See Rule 18-202.15.

Source: This Rule is derived from former Rule 2.14 of Rule 16-814 (2016).